Maritime Alert - February 2026

The General Directorate of Captaincies and Coast Guard has issued Directorate Resolution No. 958-2025 MGP/DICAPI, published on February 20, 2026, approving the updated regulations concerning chemical or organic products used as dispersants, absorbents, or binders to control hydrocarbon pollution in aquatic environments. The resolution's title has been changed to “Guidelines for the Approval of Chemical or Organic Products Used as Hydrocarbon Dispersants, as well as Other Types of Materials or Substances Used in Combating Spills of Hydrocarbons or Other Harmful Substances in Aquatic Environments, the Authorization for Their Use, and the Approval of the Certificate.”

Main additions:

(i) Indefinite validity of product approval

It is specified that the product approval certification will have indefinite validity, as long as the product maintains the physical and chemical characteristics submitted for approval. Likewise, the certification will lose its validity if the product fails to comply with or contravenes the technical and environmental regulations established at the national or international level, derived from international instruments to which Peru is a party.

(ii) Procedure and requirements for approval or homologation certification

The documentary requirements for requesting approval/homologation are detailed (such as the application, technical data sheet, proof of payment, among others), and a technical report of ecotoxicology and marine biodegradability tests issued by IMARPE is required. For bioremediation products, the evaluation must consider information regarding microbiological hazards.

(iii) Properties of dispersants or other materials or substances used in combating oil spills or other harmful substances

It is anticipated that dispersants for oil spills consist of two main groups:

(a) Surfactant: chemical compounds whose molecules are composed of a hydrophilic component, which attracts water, and an oleophilic component, which attracts oil. Surfactant molecules migrate to the water-oil interface and reduce the interfacial tension between the oil and water, thereby fragmenting the oil into small droplets; and (b) Solvent: which helps surfactants disperse in water and penetrate the oil, thus facilitating dispersion.

(iv) Safety Data Sheet (SDS) Requirements

The minimum content and formal requirements for the Safety Data Sheet are regulated, specifying its preparation in accordance with the Globally Harmonized System (GHS) and the need for it to be prepared and signed by a qualified professional.

(v) Safety and environmental criteria

The environmental and safety assessment criteria that must be met for the approval/certification of dispersants and other products are specified. In particular, it incorporates requirements related to:
(a) standardized toxicity tests (e.g., the use of indicators such as LC50 to measure the mortality threshold in test species);
(b) biodegradability assessment and bioremediation considerations where applicable; and
(c) regulatory and product safety information requirements through the Safety Data Sheet (SDS), including relevant disposal, health, and environmental information.

(vi) Approval of Products Approved Abroad and Publication of a Register of Authorized Products

Approval of dispersants/other products already approved by certain jurisdictions (such as the USA, UK, Australia, France, and New Zealand) is provided for, under specific rules and requirements. The National Maritime Authority is required to maintain and publish a register of approved products (including manufacturer and expiration date).

In this regard, it is specified that products approved by the countries mentioned in the preceding paragraph may be approved for use within the national territory. However, to obtain this approval, the manufacturer or distributor must submit the requirements indicated in Article 11 of the Annex, concerning the certification of approval or homologation. Ecotoxicity and biodegradability tests used for the original approval will be accepted, along with the certification issued by the competent government entity of those countries.